First, the difference between patent application right and patent right
The right to apply for a patent refers to the right of an inventor to request the patent office to grant him a patent right for invention and creation.
Patent right refers to the exclusive right granted by the patent office to the applicant at his request when the invention meets the conditions stipulated in the patent law.
As we all know, to become a patent, an invention must be examined and authorized by the Patent Office. In this process, as long as the inventor's invention is accepted by the patent office, he has the right to apply for a patent. This invention can only be patented if it is authorized.
The fundamental difference between patent application right and patent right is that they are two different legal States in the process of patent application by inventors.
Patent right is one of the recognized intellectual property rights and has extremely high commercial value. Unless the obligee voluntarily gives up or forgets to renew the fee in writing, the patent will not disappear automatically.
However, the patent application right only has certain risks and the possibility of becoming a patent right. Once an invention fails to obtain a patent due to technical points or other reasons during the examination, the right to apply for a patent will disappear.
In addition to different legal status, the intensity of legal protection will be different.
For example, the right to apply for a patent, whose protection period is limited to the inventor in the process of applying for a patent, was rejected with the failure of the patent application. Although the law protects the right to apply to a certain extent, this protection is definitely not as strong as the patent right. As mentioned above, as long as the right holder does not give up and safeguard the patent right, the patent right can always be strongly protected by law. Others cannot easily use this invention without permission, otherwise it will constitute patent infringement. The patent right can last for up to 20 years. During this period, the obligee can bring himself more things with commercial value and benefits by virtue of these patents.
Second, the patent transfer matters needing attention
1. The creditor may assign all or part of its rights under this contract to a third party, except for the following circumstances:
(a) according to the nature of the contract shall not be transferred;
(two) according to the agreement of the parties shall not be transferred;
(3) It shall not be transferred according to law.
Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.
The notice of the creditor's transfer of rights shall not be revoked, except with the consent of the transferee.
Where the obligee transfers its rights, the assignee obtains the subordinate rights related to the obligee's rights, except that the subordinate rights belong exclusively to the obligee.
After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.
When the debtor receives the notice of assignment of creditor's rights, the debtor enjoys the creditor's rights against the assignor, and if the debtor's creditor's rights expire before or at the same time as the assigned creditor's rights, the debtor may claim offset from the assignee.
2. If the debtor transfers all or part of its contractual obligations to a third party, it shall obtain the consent of the creditor.
If the debtor assigns the debt, the new debtor may claim the defense of the original debtor against the creditor.
If the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.
Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through the formalities of approval and registration, such provisions shall prevail.
With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.
Here is a brief introduction to the difference between patent right and patent application right. Therefore, the invention-creation is called the right to apply for a patent before it is authorized after it is filed. After an invention is authorized, it is called a patent right. If you have any other questions, please feel free to consult professional intellectual property consultants.
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